Can my employers sack me? uk only please?

Question

i have recently had a lot of time of work after been diagnosed with diabetes as i have been in and out of hospital. they keep having a go at me and saying i owe them for leaving them short handed. i think they plan on sacking me. if they do can i take them to an industrial tribunal. and would i be able to claim benefits? i have worked there for 11 months and i am in the uk

Answer 1

sorry to hear of your ill health, I hope you start to feel better soon.

as for your employer I am sorry to say that yes they can sack you, and there is nothing you can do as you can not take them to a Tribunal till you have been there for 12 months or more.

if they sack you then you will get benefits coz you can not help having diabetes or the fact your employers are heartless bar-stools.

try not to worry to much, by eating the right food and watching your weight you can live a normal life.

good luck

Answer 2

They can't sack you whilst you are on sick or for being off sick but they can find another petty excuse and sack you on your return.

Sorry to hear you are not well

Tracey x*x

Answer 3

11 months gives you no rites in the UK. You are obviously not fit for the employment you were engaged for.I,m surprised you haven,t already been sacked.

Joe

Answer 4

Employment law has changed, you can take an employer to a tribunal if you have worked for them for 1 year of longer.  There are also other reasons you can take them to a tribunal if you have worked for them for less than a year.  The disability discrimination law has also changed a lot.  Best idea would be to make an appointment with the Citizens Advice Bureau and they will be able to tell you exactly what your rights are under your circumstances.  

There are a lot of questions asked on this site and there is an awful lot of wrong advice given.  When it is something as important as your job and your health you need to take advice from a professional which is why I have advised the CAB.

Hope all goes well for you.

Answer 5

you owe them? as in you owe them money?

well an employer can sack you upon giving you notice for any reason...

however if can prove that you had valid health issues which kept you away..

well you for sure owe them nothing.. but if you  have no been satisfying your duties at work well i guess you'll have to find another job you haven't been there long enough... besides it depends on what kind of contract you have.

either way was your time off work paid leave/ sick leave?

all these come into play.  

Answer 6

In most circumstances those who have less than 12 months standard service cannot claim unfair dismissal.

However...

Most diabetics are quite capable of fulfilling their roles as well as any others so is they lay you off you may have grounds under disability discrimination - which is classified as an "automatically unfair" ground for dismissal and is not subject to time limits.  

Answer 7

You are protected by the Disability Discrimination Act, your employer has to give you time to attend your medical appointments and so on and also make any 'reasonable adjustments' to your working conditions to help you. Quote the DDA to them.

Answer 8

I would contact the local Citizens Advice Bureau as even if by law you can't claim unfair dismissal under 2 years of employment, there may be other alternatives.  

Answer 9

you will have a job getting anyone to take you on, and employers have the ability to get rid of people easily before 2 years. They could determine that your condition was known before they gave you the job and that you didnt tell them how bad it was.

Answer 10

You'll probably find they will come up with a "valid" reason for dismissing you, especially as you have only been there 11 months.

Normally you need 2 years with an employer before being able to claim unfair dismissal and going to tribunal.

Answer 11

If yo have a good attendance and work record before your illness, you should have a case against unfair dismissal. However, they could argue that diabetes does not always incapacitate a person so that she cannot work, unless there are complications. If they can show that you are using it as an excuse to stay away, you may not have a strong case. E.g. if you are going in to hospital in the morning but feel well enough to go shopping in the afternoon rather than go to work, that will tell against you, especially if they have video evidence. I'm not suggesting that you are guilty of that, but it happens in some cases.

Answer 12

Under current rules, you normally have to have been working for them for at least a year before any claim for unfair dismissal can be considered.  They can dismiss you if long-term or persistent illness makes it impossible for you to do your job.  However, you ought first to go and see the CAB about it.

Answer 13

If you can provide doctors letters and notes then you should be fine

Answer 14

they cant sack you for being off sick, but if your illness/complaint stops you from doing your job, and they have no alternative work they can medically terminate your employment, if this happens you are entitled to sign on, i await correction but this my view good luck